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1995

Journal Articles

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Institution
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Articles 1 - 30 of 111

Full-Text Articles in Law

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Journal Articles

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Journal Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Journal Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Journal Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls ...


A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler Jan 1995

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler

Journal Articles

No abstract provided.


Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey Jan 1995

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or ...


Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George Jan 1995

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Journal Articles

No abstract provided.


Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le Jan 1995

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le

Journal Articles

No abstract provided.


Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North Jan 1995

Domestic Violence & Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen Paskey, Melissa M. Reuland, Sheryl Itkin Zimmerman, Richard L. North

Journal Articles

No abstract provided.


The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey Jan 1995

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.


Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua Jan 1995

Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua

Journal Articles

No abstract provided.


Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett Jan 1995

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

Journal Articles

No abstract provided.


The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua Jan 1995

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

Journal Articles

No abstract provided.


An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes Jan 1995

An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes

Journal Articles

No abstract provided.


Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett Jan 1995

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

No abstract provided.


In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall Jan 1995

In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall

Journal Articles

No abstract provided.


Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau Jan 1995

Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau

Journal Articles

No abstract provided.


The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol Jan 1995

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol Jan 1995

"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin Jan 1995

Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin

Journal Articles

No abstract provided.


Between Russia And China: Political Reform In Mongolia, Tom Ginsburg Jan 1995

Between Russia And China: Political Reform In Mongolia, Tom Ginsburg

Journal Articles

No abstract provided.


The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie Jan 1995

The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie

Journal Articles

No abstract provided.


Unconstitutional Conditions Puzzle, Richard A. Epstein Jan 1995

Unconstitutional Conditions Puzzle, Richard A. Epstein

Journal Articles

No abstract provided.


Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis Jan 1995

Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring Jan 1995

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

Journal Articles

No abstract provided.


Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich Jan 1995

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Journal Articles

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.


Reconsidering Flood V. Kuhn, Stephen F. Ross Jan 1995

Reconsidering Flood V. Kuhn, Stephen F. Ross

Journal Articles

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised ...


Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau Jan 1995

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily ...


The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen Jan 1995

The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen

Journal Articles

Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the ...